Reform Of Chinese Civil Retrial System

Our civil retrial system has problems. From the name of the retrial system to startup theme, retrial appeal, retrial courts and retrial procedure were all criticized by scholars and practitioners of justice. Based on the major national law of the relevant provisions of the civil retrial system, in combination with the relevant provisions of the civil retrial system, from the perspective of comparative law, expounded current civil retrial system in China, the existing problems and discusses the institutional reconstruction. besides the preface and conclution, the paper is divided into four parts:The first part: mainly discussed after the founding of the Chinese civil retrial system of development, the detail about the present situation of retrial system and its causes, starting from the retrial, start-up and start time and due to appeal and the application for retrial relations aspects of the issues involved retrial system.The second part: the retrial system from the guiding ideology, detailed in this guidance comes under the principle of the system construction, combining the retrial system reform of guiding ideology.The third part: under the guiding ideology of the retrial system reform, reconstruct our civil retrial system. This part basic on the legislative mode of the retrial system, combining with the defect of current retrial system ,from the retrial startup subject , the legal reasons of retrial, distinguishing the appeal and the application for retrial of existing aspects to reconstruct the civil retrial system.The fourth part: from the supporting system of retrial system reformed on , discusses the access system established for retrial procedure, the right remedy system for the stranger of the case, the application for retrial and the hearing system for appeal review.